25 CFR §162.328

1. (a)For a residential lease of tribal land, unless the lease provides otherwise, no periodic review of the adequacy of rent or rental adjustment is required if:
   1. (1)The tribe states in a tribal certification or authorization that it has determined that not having rental reviews and/or adjustments is in its best interest; or
   2. (2)The lease is for housing for public purposes.
2. (b)For a residential lease of individually Indian owned land, unless the lease provides otherwise, no periodic review of the adequacy of rent or rental adjustment is required if:
   1. (1)The lease is for housing for public purposes;
   2. (2)The term of the lease is 5 years or less;
   3. (3)The lease provides for automatic rental adjustments; or
   4. (4)We determine it is in the best interest of the Indian landowners not to require a review or automatic adjustment based on circumstances including, but not limited to, the following:
      1. (i)The lease provides for payment of less than fair market rental; or
      2. (ii)The lease provides for most or all rent to be paid during the first 5 years of the lease term or before the date the review would be conducted.
3. (c)If the conditions in paragraph (a) or (b) of this section are not met, a review of the adequacy of rent must occur at least every fifth year, in the manner specified in the lease. The lease must specify:
   1. (1)When adjustments take effect;
   2. (2)Who can make adjustments;
   3. (3)What the adjustments are based on; and
   4. (4)How to resolve disputes arising from the adjustments.
4. (d)When a review results in the need for adjustment of rent, the Indian landowners must consent to the adjustment in accordance with § 162.012, unless the lease provides otherwise.